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gc_chahiye

06-24 07:25 PM

Can you add a dependent after your 485 is approved?

my lawyer said yes, the important things are that: 1. you must be married before teh I-485 is approved; otherwise the dependent needs to be sponsored under family petition etc. However note that in this case the dependent would be starting his/her I-485 at that point (when you are already approved) so will 'catch up' to approval later (and if dates retrogress, then the dependent is 'stuck' longer, without GC, while you will have your GC and all related benefits (ability to stop working, change types of work etc))

2. the date needs to be current for the dependent to file, but the fact that you got approved means that your PD is current (as you can only get approved when your PD is current)

Also, if I become a beneficiary on my wife's application, will I be able to maintain my H-1 status, and keep on renewing it?

yes you can continue on your H1

My wife and I are now leaning towards independent filing, with no beneficiary for now.

we are still undecided, same boat. Warnings from some attorneys (as Pappu has pointed out above) are making us think of filing independently, with teh risk that one person gets GC first and the other would than tag along maybe an year or whatever late depending on how dates move/stay.

what do your lawyers say about multiple 485 filings?

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arkrish68

09-10 07:34 PM

Send email to: cisombudsman.publicaffairs@dhs.gov You will have to fill this form and attach to the email: http://www.dhs.gov/xlibrary/assets/cisomb_dhsform7001.pdf

Thank you very much for your update. Went to the Infopass today and as per the IO came to know that my case is in adjudication review and will get the interview. I don't know how much ombudsman will be helpful, but will try all options. My labour was approved in 2 months and I-140 in 18 days but it seems I485 is sturck for ever :mad:

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jambapamba

07-09 06:39 PM

Is this the height of creativity or what....

Flowers were sent as part of protest but in gandhigiri way...and they are acknowledging in gandhigir way too...!!!

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goel_ar

04-06 06:16 PM

This needs to be advertised on the forums here or on the home page. Most people don't know what IV's expenses are. A generic breakdown of costs, without going into specifics, would help members understand the expenses and provide some transparency. It may even motivate new members to contribute more :) I completely agree !!!

I got email for decision/post decision about a week back but no CPO email yet.

Sorry for my Ignorance on this, but what is CPO? Is it status changed to "CARD / DOCUMENT PRODUCTION"?

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abhijitp

07-31 03:21 PM

question: can I file without employer letter For an employment-based petition, in order to proceed and be valid, they need to still INTEND to be employed by the sponsoring employer if and when they get their green card. The employer however, does not need to sign any forms per se with relation to the adjustment petition. If the alien is currently working for the sponsoring employer (on H-1B or other) he or she can port or transfer employers without penalty or without losing the green card process 180 days after they file the I-485 petition. At that point, they can change employers and work for whomever they wish (provided they have a valid work permit)

The forms which need to be filed with the I-485 include;

Form I-485 for EACH applicant with $325 filing fee ($225 if under age 14) Proof of approved I-140 Form G-325A for each applicant G-28, if attorney involved Form I765 Work Permit (optional) (filing fee of $180) Form I-131 Travel Permit (optional) (filing fee of $170) Fingerprint fee of $70 for each Medical examination by INS approved doctor Passport, visa, approval notices and I-94 card showing all years in the US in valid status and maintenance of status Marriage certificate, birth certificates of children. Form I-134 Affidavit of Support (notarized) or I-864, with tax returns (1 year must be attached, but income for three years must be listed); job letter from the alien's current employer; and pay-stubs. If the alien is NOT yet working for the sponsoring employer, I like to include a letter from the employer stating that if and when the alien gets his residency, they still intend to hire him or her.

Hope this answers the questions. Is it possible for us to ask, what are the chances of rejection solely based on the lack of the Employment Verification Letter? If too high, it is a better idea to re-submit. If not a high risk, might as well wait for the A# and then send out this document. I was present on the conf call on Sunday and wanted to ask this question in the end, but we ran out of time, I have sent her a follow up email with this question (no response yet).

This is not the correct understanding. I know this myth is propogated millions of times in millions of board and so now this myth has become "truth" for millions. But that is not the correct way USCIS does things.

Country specific limit - 9% does NOT have any realtion to "assigning numbers". it is just meant to "approve 485 - mail you a real physical green card".

In ROW cataegory other countries are also bound with this 9 (7 + 2) % limit for Visa granting. For an example - For Pakistan USCIS will never grant more than 9% visa per year no matter how many applications from Pakistan have been assigned a valid visa number. Same will go true for Britain or any "other" country.

In reality How USCIS divide 28.6% among countires - That is unknown mystery and nobody surely know that. And that is why I had to assume "equal shares - 5 part" in my analysis assuming USCIS works fairly but we all know that is a bullshit too :)

I completely agree with your last 2 lines. But I don't agree with the even dividing of the number into 5 categories of I,P,C,M,ROW. Let's take an example. Suppose for some odd coincidence....the first 8000 odd EB3 apps that USCIS processes starting Oct 1.....none are from I,P,C,M. Suppose First 2500 are from Uk, next 2500 from France, next 2500 Germany and the next 508 from Pakistan. Now the number for ROW at this point would be 8008. Now they get another app from UK next. Will they refuse to process that app as the ROW figure had reached? Then they will still process more than 2500 for I,P,C,M. Won't that be unfair to UK applicants.

As I have said a couple of times now, and so have a few others - ROW cannot be capped at X/5. Due to the high demand from I,P,C,M....it likely gets a MINIMUM of (100 - (7 X 4)) X EB3 cap.

Pappu, I agree with you on this, there is some truth to this that there could be delays when there are multiple filings. In fact this is the first time when USCIS has to deal with so many multiple filings, a very few lawyers have any direct experience with it. From USCIS Standard Operating Procedure, there is a mention of "second filing" (not duplicate filing) in the following places: 1. Procedural Overview (Page 4) 2. File Review (Page 46) 3. Interview Waiver Criteria (Page 185) http://www.ilw.com/seminars/august2002_citation2b.pdf From the link above: In (1) and (2) above it says second filing should be handled under the normal process. Although if different A# are assigned case goes to CRU (case resolution unit). But if A# assigned are same, you are more or less processed like a normal case. The last part (3) interview waiver criteria, multiple filing is mentioned as one of the deviations from interview waiver criteria but it NOT the interview criteria itself. In the end processing time for multiple filing is very much up to the discretion of adjudicating officer. Also, I didn't find any reason to believe that there could be issues with security check with multiple filings. I think all of us multiple filers can breathe easy if our cases are filed clearly with full disclosure of information without any intended willful violation.

I am a multiple filer too, my I-485 application filed in early June was approved last week. I hope this gives some reason for optimism for us multiple filers. Good luck to everyone. BTW: I am still a contributing member and will continue to hang out at IV.

After much research on this, I tend to agree with this answer above (not the CP part though). As per my latest information from a lawyer who does multiple filings, the processing delay can be significant due to this. Looking back, wish our community had more information on this and more real examples of people who have done it. It would have helped members who were unsure if they should do multiple filings.

Anyways this thread will be useful for future I485 filers.

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snathan

03-31 11:48 AM

53,872 ( EB2 Total allocation in 2010 ) = Some X (EB2 ROW usage is say X) + 19,961 ( Total India received in 2010) + 6,505( Total China's received in 2010)

Washington, July 11 (IANS) In an eloquent display of 'Gandhigiri', unhappy Indian green card seekers sent hundreds of flowers to the US immigration agency to protest a last minute reversal in policy that would impede their way to permanent residency.

Inspired by the hit Hindi movie "Lage Raho Munnabhai" that extolled Gandhian ways of non-violent protest, the green card applicants plan to send around a thousand flower deliveries to US Citizenship and Immigration Services (USCIS) Director Emilio Gonzalez in a three-day campaign that started Tuesday.

The protest followed the abrupt reversal last week of a June announcement offering expedited processing of green card petitions for thousands of skilled foreign professionals working under H1-B visas - reserved for skilled workers in computing, engineering and other special professions.

Thousands of such visa holders scrambled and spent money on lawyers and medical exams to beat the July 1 deadline for green card applications. The abrupt change sent them back to the queue for 2008.

Besides India, skilled workers from China, Poland and many other countries will now have to spend more time and money to get the coveted green cards - a halfway house to US citizenship.

"The idea is to push them to honour their earlier notification," said Aman Kapoor, founder of Immigration Voice, a forum that inspired the unusual protest.

Indians are the worst hit by country quota caps for immigration visas, which treat a billion strong India, boasting a highly skilled workforce, on par with a country like Trinidad and Tobago of one million souls, he said.

On its part, the USCIS response was equally pacific. It plans to forward the flowers to Walter Reed Army Medical Centre and Bethesda Naval Hospital in Washington, the main facilities treating US soldiers wounded in Iraq and Afghanistan, said Gonzales in a statement on the agency website.

How would it be to forward the media coverage links to all the attorneys so that they are aware of what is happening and also provide some kind of support or atleast get associated with IV. Also some members may take the initiative of posting these links to thier blogs so that every one will get to know about the IV through others blogs.

Found some interesting information at this URL (http://www.ilw.com/articles/2006,0321-murthy.shtm)

"While a denial due to USCIS error can normally be addressed in a Motion to Reopen, it is obviously never a good situation, especially if the applicant and/or the family members do not have a backup nonimmigrant status, such as H1B or H-4. Without the backup status, each I-485 applicant will be immediately out of status upon issuance of the denial. Often all employment cards are no longer valid once the I-485 is denied, as well, causing an additional financial toll on a family."

This looks from murthy and contradicts with what Ron Gotcher mentioned on his website.

I understand. For an analogy consider theft. You might not know who did it but you lodge a complaint with the police. Its their job to investigate. Sometimes they are successful, sometimes they are not.

In this case if the govt gets lot of complaints, and find a pattern they will investigate and find the dirt.

All I and a few others are saying, discriminating EADs is illegal, and there is a govt. agency to deal with these things. So, if anybody is a victim contact the govt. agency. By being quite we are not helping ourselves.

Perhaps a little over-generalized. Non-Donors like me have contributed to advocacy days. You still think we are free loaders?

not to hijack the conversation - but at some point, IV needs to distinguish between a donor, a contributor and a freeloader.

e.g. donors get access to all threads, contributors specific threads for which they have contributed and freeloaders general threads only. i guess that means setting up contributions at the thread level - not sure if thats possible right now.

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jsb

09-21 09:11 AM

I am also July 2nd filer with no checks being cashed yet, and no other activities around my case. What can we do when the waiting period is over 90 days???

I believe, USCIS has a formal method of investigation. You or your lawyer will have to give details whatever USCIS asks for. In a normal course, this would have been done a lot sooner, but USCIS themselves admit that they are not yet finished with all July2-Aug17 receipts. Perhaps they will not entertain any formal investigations until they are done with all filings.

I am one of the July2 (J Barret, 10:25am) filers on the waiting, and I know the anxiety we all have. You can write to your Congressman, but think of how USCIS is going to respond to the intervention. They will tell that they are not yet finished with all receipts.

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santb1975

01-14 10:26 PM

We need people like you

Thanks! I am in Virginia.

Thanks to needhelp for the reference.

Is it advisable to include a reference to the Ombudsman report in the letter to the President? I am talking about the earlier mentioned reference on page 33 stating that "since 1994 there have been over 218,000 un-recaptured employment-based visas lost due to underutilization of the employment-based visas."

coopheal

08-07 12:26 PM

All,

Lets do another flower campaign to wish get well soon to SunnySurya and Rooling_flood.

Get well soon Mamu...

I agree. People are not born evil. Situation makes them. Same is happening with SunnySurya and Rooling_flood.